In a recently filed decision, Judge James Garbolino has upheld the Arbitrator’s 2013 decision to reinstate Mono County Deputy Jon Madrid and denied the County a delay in enforcement of that decision. The Judge also awarded Madrid costs and attorneys’ fees. He once more said that evidence showed Madrid was harassed and the victim of unsupported evidence or at worst a “deliberate scheme to terminate him for inappropriate reasons.”
Madrid was fired in 2011 after he had filed a harassment complaint for treatment by Lieutenant O’Hara and after the Sheriff accused him of failure to file certain payroll sheets which resulted in over-payment of $382. In an appeal hearing, the Arbitrator found no evidence to support Madrid’s termination and ordered him re-instated with back pay. The Judge also condemned the Sheriff’s Department for ordering Madrid to sit in a chair for 9 hours a day and quoted the Arbitrator who described the order as demeaning and insulting work that constituted a “serious abuse of discretion.”
In its September petition to the Court, Mono County alleged that the Arbitrator abused his discretion. Judge Garbolino says, on the contrary, “there is abundant evidence that supports the Arbitrator’s conclusions.” According to the Judge’s decision, the Sheriff’s Department failed to carry their burden of proof that Madrid had intentionally taken the $382. Instead, the Judge says that “an examination of the record discloses that there is abundant evidence that supports the decision and conclusions of the Arbitrator.” He also points to what is described as Deputy Madrid’s commendable record.
The Judge quotes earlier testimony that other deputies had received reminders about their pay reports and had not been subjected to Internal Affairs investigations or firings as Madrid had. The Judge referred to testimony in the Arbitration hearing – the fact that Madrid had filed a workplace harassment claim against Lieutenant O’Hara and the testimony that then Undersheriff Ralph Obenberger refused to let Madrid file time sheets that he said were missing. Testimony also said that Obenberger refused to pursue Madrid’s harassment complaint but said certain charges would not be filed if Madrid resigned. He refused to resign.
The Judge’s decision recites the incident six months after Madrid’s firing in which the Sheriff ordered him to sit in a chair as a “greeter” in the lobby of the Sheriff’s Department. The Judge stated, “His assigned duties were lesser than those of a WalMart greeter.” He said this assignment was to further punish Deputy Madrid.
The Judge’s decision concludes that his judgment is awarded in favor of the Arbitrator and Deputy Madrid and against Mono County and the Sheriff’s Department. Judge Garbolino denied any delay in enforcement of Madrid’s reinstatement. Madrid is also awarded attorneys fees.
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Now Roy you know that he never disciplines his followers! He only disciplines those that stand up to him! Policies, rules and laws only come into play when he can bend them to suit his needs.
You would think he would be extra careful about campaigning (or his employees) in uniform after his slap in the wrist for gathering signatures on duty,,, but nope! No one can tell him what to do with his department. This is just three examples of him ignoring the counties rules! isn’t he just a great example?
If any on duty employee of the dept. is out there campaigning or putting up election signs for who ever that calls for some serious discipline IE. days off without pay…
Is that the same LEO that was observed in full uniform this morning around 5:55 am putting up Obenberger signs along the highway in Coleville?
As for OHara endorsing Ms. Braun, maybe he feels she is the right person for the job and will make the department better! And maybe she’ll hold employees like LEO accountable for his actions! Just saying!
Please tell me that you took a picture of this deputy that you can Email to Bennett!
Funny that you bring that up Sick of Mono County, I have another complaint. Obenberger and or his committee/employees (which he is directly responsible for) have also been placing signs on county property. This is against the rules…. but then again who are we talking about here???? Rules what rules? They don’t pertain to him, after all he is the sheriff and he can do whatever he wants…. or so he thinks!
MCSO has a policy that says no politicking on duty or in uniform, then undersheriff Obenberger wrote it himself. He wrote it when Scholl was running because the employee’s had been showing their support for Doug Northington,,,, but I guess that doesn’t apply when they are doing things for his campaign. Hypocrite plane and simple.
I just HAD to chime in again after reading all comments….somebody said that both deputy sheriff’s AND public safety officers associations (jailers/dispatchers) are backing Obie in the election. Well….what else COULD they do ??? NOT backing him would be tantamount to putting your head in a noose, cutting your own throat, career suicide, taking a long walk on a short pier, yelling “bomb” on an airplane, etc., etc., etc.
John and Mustang: It is a wonderous priviledge to be able to express an opinion without fear of sanctions. We are all lucky to live in such a nation. Thank you for expressing your opinions. My opinions come from wearing a uniform of various sorts for 50 years. And I learned the hard way that you had damned well better play close attention to what your superior wants. Those who fail to do so get the “John Madrid ass kick.”
Gosh I feel so sorry for you Epilogue. If that is truly how you have spent your last fifty years that means you wasted the majority of your life in a very pitiful place. Maybe a reflection on your attitude might bring you some peace in the last remaining years of it.
I am a veteran of many foreign wars! I have lived my life operating under a military and para- military organization. I took an oath to uphold the constitution of the United States of America! Even under the UCMJ each individual is afforded his or her rights! In law enforcement each individual is afforded his or her rights not only under state labor law as well as under the peace officer bill of rights!
These rights are law! Based on your comment the sheriff can dismiss these rights and laws and do what he sees fit!
Thankyou for your 19th century thoughts on the matter! Maybe they should have tried to take him out behind the wood shed and tried to hit him with a switch!
I doubt they would have gotten that far!
Epilogue’s attitude of “right or wrong, that’s just the way it is so just rollover and let me have my way with you” is an opinion of support for the establishment without regard for the the Constitution or peoples’ civil rights. Madrid’s suit has and will continue to prove that. Whether or not you agree with Madrid’s ability and integrity as an officer, is not the point. The point is the “ingrained culture” you referred to violates workplace conduct and any competent attorney will have a field day with it. That’s not opinion, just facts.
The one thing that Epilogue fails to even acknowledge is that fact that the sheriff and the department can claim anything they like about Deputy Madrid to justify their actions. That doesn’t mean that they are true or in fact they even happened at all. Both the arbitrator and the Judge agree and put in writing that ” the grounds for termination of the employment of Deputy Madrid had not been proven, and that just cause for his termination of his employment did not exist.”
Judge Garbolino even stated this “1. the record fails to support the Department’s Termination of Madrid 2. the record lacks support for any discipline to be imposed on the Deputy Madrid, 3. that Deputy Madrid is entitled to reinstatement. As a factual matter, this court would additionally find that the Deputy’s termination was the result of a retalitory and that Deputy Madrid’s subsequent reassignment to the status of “greeter” was made solely for the purpose of administering punishment without legal and factual justification.”
Superior court Judges don’t just say these things. He read and heard all the evidence and it is obvious to him that this was blatant retaliation. It is in my opinion abuse of their power an inproper on all levels as a peace officer. They are worried about his integrity? Really? I think it is their intergrity that should be in question, not Deputy Madrid’s.
The fact that this all happened is just downright wrong on all levels. It should also be noted by the public because it shows that they feel free to do this to anyone and do not even hesitate about it. What do you think they would do to some citizen that has no means to fight them? In fact I believe that is what they counted on with Deputy Madrid…. they thought they would starve him out so he would stop fighting. Funny it just shows how little they truly know about him.
They screwed with wrong Deputy, Marine, and Man on this one. Hopefully him showing the world what they are actually capable of was not in vain and this county will get rid of these offenders and start fresh with a Sheriff they can actually trust!
Many of us have been on the receiving end of leadership disapproval. It hurts both financially and psychologically. However, anyone who goes into a law enforcement career knows, from the draconian discipline imposed during the Academy training, that this is not a social democracy. Nothing changes just because one is now a sworn deputy on patrol. A new Sheriff cannot change this deeply ingrained culture, which incidentally, is not unique to the MCSO. The military functions in the same manner. It’s a blunt fact folks; whether you are a grunt in Afghanistan or a deputy on patrol, you will get your ass kicked by your superior officers, and “fairness” is not a part of the operation.
Epilogue is wrong on so many fronts. There is a big distinction between military and civilian employment. Law enforcement is strictly here to only protect life and property through the enforcement of laws on the books… nothing more or less. The “deeply ingrained culture” has only been supported and built up by the law enforcement community and it will take that same community to break it down and treat their fellow officers and the public in a professional manner, not with a hazing, locker room mentality.
So Epilogue, we should all sit back and allow the Sheriff’s Department to do what ever they want, and to Hell with whether or not it’s legally or morally o.k. – simply because “that’s the way it is?” That’s absolutely the stupidest thing I’ve ever heard. If they can’t use good judgement with their employees, I sure don’t want them enforcing our laws out here in the community. And, while employers can be jerks in any line of business, they don’t always violate constitutional rights and create huge liabilities for their place of business. But you know, life ain’t fair, so who cares about Constitutional rights eh?
I am a former military officer. Believe me when I say that an officer that does not treat his or her troops fairly and consistently won’t last long. Your troops have to know what is expected from them by the officer, the officer has to consistently enforce those expectations without playing favorites, and those who do not meet expectations have to know there are consequences. I never kicked my troops backsides. I never needed to. An officer, or anyone in any kind of management position even outside of the military, who yells or cusses at their troops or employees will never be effective.
Yes indeed… Hello LEO. For those of you who do not know, L-E-O is cop slang for your local Law Enforcement Officer. I wonder if you might have an alterior motive for the comment you made earlier? I just wanted the good people of Mono County know. I just want them to place the appropriate amount of weight on your statements. It falls in line perfectly with my earlier comment. Election time is just around the corner. Just educating the populous. “Big Smile”
This type of thing is usually just the tip of the iceberg. Much respect to Deputy Madrid for maintaining his integrity and standing up for his rights. However, I wonder how many others there have been who just caved-in to Obenburger and O’Hara rather than stand and fight. I’m sure this is a symptom of years of corruption and dishonesty starting when these men held lesser ranks. Furthermore, I would not be at all surprised if this gives the past victims the courage to stand up now and make their declarations.
Again, congratulations to Deputy Madrid. Your perserverance has produced your vindication. As tax payers, we should all be furious at this mishandling of funds and poor stewardship on behalf of the MCSO. We should all remember this at election time.
As a former employee of the MCSO, I am glad to see what is becoming of this administration. John Madrid was no super cop, but he did not deserve what happened to him. For many years he was “Protected” being a June Lake resident. OB and Weber both live in June Lake. Once they turned against him, they did everything they could to get rid of him, but he was keeping book at that point. This kind of stuff happened under Paranick, Scholl, and now OB. They have gotten away with this stuff for decades and the general public never knew or were simply powerless. Each Sheriff condoned this type of treatment because they came up under the same system. Weber and O’Hara supported this as well as Phil West. So did some of the sergeants.
So what can the citizens do to fix the cancer? In my opinion, if the voters do not elect Ingrid Braun, in a few years Weber will take the reigns and the system will live on. I just wish I was still a registered voter in Mono County to cast my vote to end the “good ol’ boy system”.
OBTW, Madrid is not done yet. He can and will go federally for civil rights violations against the department and each individual. This administration picked on the wrong deputy this time.
Take the fight to them John and I wish you the best of luck.
A big question that needs to be answered is, if the voters speak loudly on election day, do they have to suffer another 6 months of Obenberger and Weber?
Is Weber on an “at will” contract that allows him to be terminated at any time? Since Obenberger was appointed by the Board of Supervisors, can the BOS withdraw the appointment and appoint Braun right after she wins the election?
Benett, this would be well worth you looking into.
I looked it up for myself and this is exactly what it says. I have included the link for anyone that wants to read it from Trindel’s website.
http://www.trindel.org/about.asp
“In concept and practice Trindel is a banking arrangement with its members wherein, over time, each member is fiscally responsible for its own losses and costs. All members share the Administration and Safety Officer costs equally. Trindel acts as the cash flow mechanism for the members. Should a member be responsible for several large losses in any given year or time period the pooled cash will pay the bills and the member will, over time, repay Trindel. Trindel uses its ability to combine the size of the members in order to obtain better insurance and pricing for selected insurance programs and the purchase of services to benefit all members.”
It clearly spells out that each county is fiscally responsible for it OWN LOSSES and COSTS. It plainly states after larges losses in any given year or time period the county (member) will over time repay Trindel. I don’t think it can get any clearer than that. The taxpayers are going to have to pay any awards, legal fees, or damages.
Based on this information I think the public should demand to know how much has been spent on this no win situation and what possibly they could be on the hook for due to the mismanagement of MCSO and the county as a whole. It is ridiculous that this has went on for such a long time and that 2 outside Legal teams have been hired to defend a this sham of a department.
MCSO should be held accountable and those responsible should be fired. Plain and simple.
Here’s the question that’s been on my mind for quite some time: it’s been pretty obvious for awhile that the Sheriff’s department screwed the pooch on this one. The administration as a whole acted outside of what was both legal or right, and they are going to get spanked for it. The question is, how long is the Board of Supervisors going to allow taxpayer money to spent defending a department that has been repeatedly called out on its actions? I guess maybe a better question is just how much does the Board of Supervisors know – have they been continuously misled by Obenberger and/or Vallejo? Are they delusional that this case can still be won? Or is it that they fully understand the level of corruption and employee mismanagement – and are choosing to protect the MCSO anyway by spending loads of taxpayer money on expensive legal teams to fight a losing battle. At what point will any of these people (Mono County’s Sheriff’s Department Admin, County Counsel, and/or Board of Supervisors) begin to take accountability for what’s occurred? I find the whole thing ridiculous; and I just don’t see what grounds the county or the Sheriff’s department have in a defense, and every time they attempt to get out of it, it only makes things worse – i.e. having the legal fees added to Madrid’s award, being called out as corrupt a few months before election. Considering how badly the county has been read the riot act by both the arbitrator and the superior court judge, I can only imagine what a federal judge is going to say.
Also, someone else already mentioned it, but Benett, would it be possible to look into just what the repayment process is with Trindell? Since the county is self-insured through them, I’m curious how much of a federal award would have to be repaid by the county. I think we can all agree (based on the current track record) that the federal case is not going to go well for the county either, so that info might be useful for taxpayers/voters come June.
MustangSally
First, it should be known that the people primarily responsible for this case no longer work for the Sheriff’s department. Don’t be misled into thinking that this was at the hand of now Sheriff Obenberger, it wasn’t! Those people are gone and they took their cancer with them. It’s a much better and different department without them. In fact, both the Deputy Sheriffs and the Public Safety Officers associations are publicly backing Sheriff Obenberger. That hasn’t happen in many decades if at all! That speaks volumes for now Sheriff Obenberger and what he has done to turn the Sheriff’s department around.
Second, the county is acting like any other city or county. They will fight until they can’t; they have done the same thing to other employees of the county under different circumstances. That’s the cost of being a number to the county and not a face.
Third, the Sheriff’s department is out of it. It’s the county fighting the fight. There is no doubt that this case has left a black eye, if not more, on the Mono County Sheriff’s department as a name. But understand that was under a different Sheriff who allowed a supervisor, who no longer works for the department, to do what he did.
Leo, if that were the case, why would Obenberger – among others STILL employed by the Sheriff’s Department – be named in the civil case? And if he was so guiltless, when he tried to have himself recused, they would granted that. The bottom line is that Obenberger is just as responsible for the actions that have led to these legal problems in the first place, and there is enough evidence to not only name him in the case but KEEP him there as one of the main parties. To say that the various associations are backing him doesn’t mean anything, except that current employees are worried about the same types of retaliation that have obviously (see above court case) in the past.
To your second point, you can’t possibly have read the reports. I have – the arbitrators decision and Judge Garbolino’s decisions. In all three Obenberger is specifically pointed out as having acted in a way that is both morally and ethically wrong. If you don’t believe me, reread the article above. Not pursuing an employees harassment claim? Creating false claims of your own, only to say they’ll “go away” if the employee does what you want them to? That doesn’t tell me Obenberger is innocent and that all problem children are gone from the department. That tells me that he is incapable of running a department and looking after the welfare of both employees and citizens in good faith. He could say it was an isolated incident, or that it’s been twisted, but at the end of the day his ethics have been called into question and that is not someone I want running an entire law enforcement agency.
To your third point, while I agree that the county is doing everything they CAN do, it’s certainly not everything they SHOULD do. You’d think two decisions against them would be enough – but now there’s three. Just do the right thing, and stop making the tax payers pay for mistakes a bunch of buffoons made. The Sheriff’s Dept. has been instrumental in making sure this gets delayed, pushed back, etc. etc.
The funniest part though is it keeps backfiring on them. The county has delayed for son long, that now the really damming stuff (being called corrupt by a superior court judge? Ouch…) is coming out right before elections. Had they handled this in a timely manner (it’s been going on for over two years, remember) it wouldn’t be an issue right now. So, essentially in their handling of the case, the county has allowed it to unfold at the worst possible time for the Sheriff, which is rather ironic and funny if you ask me.
LEO, you state:
“First, it should be known that the people primarily responsible for this case no longer work for the Sheriff’s department. Don’t be misled into thinking that this was at the hand of now Sheriff Obenberger, it wasn’t! Those people are gone and they took their cancer with them.”
LEO, Please explain the following from the court record:
“Undersheriff Ralph Obenberger’s testimony was summarized as very similar to that of Lt. Weber and included the testimony that Obenberger determined Appellant was not honest with his wife when Appellant had an affair. Counsel notes Obenberger admitted he himself also experienced an affair while married to his wife. Obenberger testified as to the Appellant’s “chair” assignment and a Hostile Work Environment claim Appellant filed against the Department.”
“As he testified, the Sheriff was concerned about his inability to trust the Appellant and eventually he, Undersheriff Obenberger and Lieutenant Weber decided Appellant should be placed in the reception area at the Bridgeport office.”
What is it Leo? Is your performance and recent promotion threatened by the election of Ingrid Braun!
Anyone knows Obenberger was in charge of hiring and firing within the department! He was the undersheriff! It is clearly posted in his duties!
He stated this in his testimony during the hearing!
He protects those who are loyal to his design!
Voters come into the twentieth century! End this ridiculous good old boy, break the law, violate rights department! If you don’t, soon the county will be financially responsible for a major, major lawsuit!
Remember, a peace officer is held to a higher standard! Vote smart, vote Ingrid Braun!
MustangSally, what exactly can a county BOS do? Since the California Constitution makes the office of county sheriff an elected position, the sheriff is not answerable to the county BOS. The BOS writes the department’s budget, but aside from that has no authority to interfere with how a sheriff manages their department.. The voters can chose a different sheriff, but if the voters chose one the BOS does not like or who’s policies run counter to those of the BOS, then the BOS hands are tied. Yes this particular sheriff was appointed by the BOS to finish out the term of the last elected sheriff when he retired, but constitutionally the BOS cannot dictate management practices to the sheriffs office.
Conflicts like this are not confined to Mono County. LA County is going through worse right now, trying to clean up what will ultimately prove to be a very expensive mess left by retired Chief Baca. There are calls to require sheriffs to be appointed by county boards rather than being elected but this will require an amendment to the California Constitution.
@Desert Tortoise
For starters, the Board could, collectively or individually, admit they made a boo-boo when they appointed the incumbent and endorse his opponent, Ms. Braun.
The Board could also settle the lawsuits brought against the Sheriff for his obviously illegal behavior, instead of blowing a bunch of taxpayer money defending them; this would signal to the Sheriff the Board does not “have his back.”
The Board could conduct or ask for a grand jury investigation into the Sheriff’s Department in order to determine and make public the full nature and extent of the mischief occurring there.
If the Board’s “hands are tied,” it is only because they have bound themselves in their own dubious shackles of political expediency, complacency, and duplicity.
Thanks.
LEO:
L = Law
E = Enforcement
O = Officer
Maybe you have some skin in the game?… LEO.
LEO should stand up for their fellow officers. If you are truly on this department that means you didn’t stand up, so that makes you part of the cancer of this department! Proof that the cancer as you call it, is still there! You sound like you even condone it.
Last time I checked you took an oath and it seems to me you didn’t take it very seriously!
They do, they are thicker than thieves
Even with all this publicity, I predict that the voter turnout for the June 3rd election will be less than 10%. That means that the candidate who gets over 300 votes will be Sheriff.
It’s usually closer to 60%.
BK
As a matter of fact, in the last general election, Mono County had a voter participation rate that was only .07% less than the number one county in California – Marin County. Marin had 87.37% and Mono County was 87.30%
Source:
http://www.sos.ca.gov/elections/sov/2012-general/03-voter-participation-stats-by-county.pdf
I would say this is the perfect example of why everyone needs to get out there and vote! This tyranny cannot continue. The office of Sheriff should be an honorable one, not what one where harassing employees and the public is the norm!
Not sure I’m with you on the math. Assuming a population of 12,000 for Mono County, 10% turn out would mean 1200 votes….so 600 or more would be needed for victory.
I am hopeful that the unconscionable behavior on the part of the Sheriff’s office will draw more than 10%. I saw an print article on Obenberger….he said all the right things, but these things are the exact opposite of what they are actually doing. Say one thing, do another. I hope people are smart enough to see through that bs!
A little justus goes a long way .
… Justice
disgruntled citizen, I think what Trouble meant to say is that when speaking about the Mono County Sheriff’s Administration, Justice = Just Us
Freak’n spell check 🙂
This is JUST what we needed…a printed reminder just before election time of the serious problems with the current MCSD administration.Way to hang in there, DEPUTY Madrid. OBIE…tick, tick, tick,
I think your right. What’s really interesting is that O’Hara is listed as one of the main supports of “Braun for Sheriff”. I guess that that tells everyone where she stands… Just check out her website. All the trouble he cause at MCSD and Braun supports it and uses him as a main supporter. Sickening. Here she is calling for change but yet she wants to change it back to the O’Hara years.
And it’s “you’re” right not “your” right. and caused not cause. But I’m sure you get the point.
Sure Leo I saw David O’hara on the list of supporters!
Anyone can join! Once you become a supporter you get access to all emails sent out! Sounds like a spy to me!
Point of fact, David O’hara was given a severance package of approximately 250, 000 to leave with a golden handshake! He also left prior to Braun being hired on!
Sure David Ohara was bad news all the time, but obenberger did nothing! Everyone complained to Scholl and obenberger about Ohara even the public!
If you can read Leo! Obenberger did nothing about madrid’s hostile workplace complaint! In fact he didnt know what to do! Nice try though!
Any person can go on either website and become a supporter of either candidate. I am not sure, but I would bet money Ingrid Braun has not even met David O’Hara. He was retired and gone before she even came here.
Knowing him I would say he did one of two things…. signed up on her website to stir the pot or he signed up on her website to irritate Obenberger. If you truly know him, you would know he does things like that constantly.
The Brooklyn Bridge has been installed across the Lower Owens River Gorge. Really!
I would like to sell it to you for a real good price. No need to check it out, take my word for it, what a deal!
I really find it hard to believe that you are a real LEO. If you are, try Taco Bell in Bishop, I heard they are hiring.
I think finally the writing is on the wall for all the public to see! The truth always comes out eventually! It might have taken three years in this case, but the corruption is finally floating to the surface. Every person that has been around this county for any amount of time knows what the truth really is and what they are too afraid to stand up and actually say!
Now we know why Scholl left two years early!
Make no mistake, obenberger was in charge of the daily operations! Yet he states he has supervisory skills! Can manage a budget! Sounds to me he is going to lose more than he can afford!
Please remember June 3rd who is costing Mono County taxpayer dollars! This department and county needs a honest sheriff that has integrity, honor, and ethics.
One that knows how to read the government code and follow all laws!
Don’t be fooled by the recent comments that the insurance will cover the loss! Mono county is self insured by the Trindel Insurance company along with seven other counties! Whatever is lost in any lawsuit is paid back by taxpayer dollars! Check it out for yourself via the Internet!
Vote smart!
On page 13 the judge states regarding the chair that Madrid was placed in “that this punishment for an already terminated deputy was evidence of a corrupt motive on the part of the department to further humiliate and belittle Deputy Madrid”
No truer words could possibly have been said by the judge. Too bad for the MCSO Madrid is stronger than they are and won’t tolerate their harassing acts!